153ZENWithdrawal of notifications

153ZEN Withdrawal of notifications

(1) A notification under subsection 153ZEM(2) may be withdrawn as follows (and not otherwise):

(a) if the provider notified the dispute:

(i) the provider may withdraw the notification at any time before the Commission makes its final determination;

(ii) the access seeker may withdraw the provider’s notification at any time after the Commission issues a draft final determination, but before it makes its final determination;

(b) if the access seeker notified the dispute, the access seeker may withdraw the notification at any time before the Commission makes its final determination.

(2) Despite subparagraph (1)(a)(ii), if the provider notified a dispute over variation of a final determination, the access seeker may not withdraw the provider’s notification.

(3) If the notification is withdrawn, it is taken for the purposes of this Part never to have been given.